dismissedOCT032023_02B52032023-10-03 · appeal · Nebraska Service Center
This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a marketing manager, sought to operate a startup marketing consultancy in the United States.
Field: marketing consultancy · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner did not establish that her proposed endeavor has national importance and thus, she did not meet the national importance requirement of the first prong”
“we find that the Director correctly determined that the breadth of implications of the Petitioner's endeavor is limited to the Petitioner, her company, and her prospective clients.”
“neither demonstrates the endeavor's potential to create substantial positive impact for the regional or national economy.”
AAO decision text
How the evidence was treated
- business plan · discounted
“neither demonstrates the endeavor's potential to create substantial positive impact for the regional or national economy”
AAO decision text - resume experience · discounted
“neither the Petitioner's credentials nor the articles address her specific endeavor or establish that the endeavor has national importance”
AAO decision text - other · discounted
“neither the Petitioner's credentials nor the articles address her specific endeavor or establish that the endeavor has national importance”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO corrects Petitioner's mischaracterization of the legal standard, clarifying there is no 'national interest' standard distinct from national importance, no requirement of 'global implications,' and no 'established list' of national importance criteria; also rejects vague argument that Director applied wrong evidentiary standard.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- Chen v. INS
- Matter of L-A-C-
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